Wabash, St. Louis & Pacific Railway Co. v. People

Citations

• 105 Ill. 236
• 1883 Ill. LEXIS 85

Syllabus

<p>1. Railroads—unjust discrimination in freights on a through contract from points in this State to points in another State. The court adheres to the conclusion reached in this case in 104 Ill. 476, holding section 87 of the Railroad act, to prevent unjust discriminations in the rates charged for carrying passengers or freights, to be free from any constitutional objection, and holding a railroad company liable to the penalty imposed by such section for discriminating in the rate of charges as to different contracts for through transportation of freight from points in this State to a point in another State, for different distances, charging a greater sum for the less distance of the entire carriage, than for the greater distance.</p> <p>2. But this court disclaims the idea that the legislature of this State has authority to regulate commerce in any other State, holding, in the absence of anything showing to the contrary, that a single and entire contract to carry freight for a gross sum from a point in this State to a point in another State, necessarily implies that such sum is charged proportionally for the carriage on every part of the entire distance, and that charging a greater sum by a railroad company for freight to a point in another State, from a point in this State less distant than from another point in this State, is an unjust discrimination, prohibited by the statute, where it is not shown that such inequality in the charges is all for carriage entirely beyond the limits of this State.</p>